Amendment

““nominated teacher” (“athro neu athrawes enwebedig”) means a person who is mentioned in paragraphs 3, 4, 5, 6 or 7 of Schedule 3 to these Regulations and who is nominated by the head teacher where the head teacher considers that appropriate in the circumstances”; and

(ii)in the definition of “serious professional incompetence” for “level of incompetence” substitute “level of competence”;

(b)in regulation 16 after “by virtue of”, in the first place it occurs, insert “regulation 18A or”;

(c)in regulation 18 after “(register maintained by the Council)” insert “in the category of school teacher”;

(d)after Part 3 insert—

“PART 3ARequirement to be registered: school learning support workers

School learning support workers

18A.—(1)A school learning support worker is a person who provides the services specified in regulation 17 (“the services”) or supports the provision of the services by a school teacher.

(2)A school learning support worker must not provide the services or support the provision of the services by a school teacher unless—

(a)they are registered under section 9 of the 2014 Act (register maintained by the Council) in the category of school learning support worker;

(b)they provide the services with direct interaction with learners to assist or support the work of school teachers or nominated teachers in the school;

(c)they provide the services under the direction and supervision of school teachers or nominated teachers in accordance with arrangements made by the head teacher of the school; and

(d)the head teacher is satisfied that they have the skills, expertise and experience to provide the services.

(3)In determining whether a person has the skills, expertise and experience required to provide the services specified in paragraph (2)(d) in a school, head teachers must have regard to—

(a)the standards for higher-level teaching assistants, or guidance concerning the qualifications for school learning support workers that may be published from time to time by the Welsh Ministers; and

(b)guidance as to the contractual matters relating to school learning support workers as may be published from time to time by any local authority or other employer.”;

(e)after Part 4 insert—

“Part 4ARequirement to be registered: further education learning support workers

Requirement to be registered: further education learning support workers

19A.A person must not provide the services set out in section 16(2) of the 2014 Act unless they are registered under section 9 of the 2014 Act (register maintained by the Council) in the category of further education learning support worker.”; and

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